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May 2/16, 1977 Council Meeting May 2. 1977 of Mayor and Council was held pursuant to the Georgia. on May 2. 1977. The meeting was called Mayor Arthur Bacon at 7:30 o'clock P.M. All present was Attorney Chuck Camp. City Clerk Egger. Director of Parks and Recreation Lee ttle. Fire Chief Don Atkinson. Inspector David Works Jim David. and representatives of the press. Invocation was given by Councilman Homer Kuhl. followed by the pledge to the Flag. Citi (1) Jack Clark reported to Mayor and Council he had a letter from M. and Eugene A. Reeves, owners of the Old Smyrna Village Apart- ments accusing his 13-year old son Jerry of criminal activities. He stated tbe letter was brought to him by Detectives Danny Drake and Lt. David Farmer. Mr. Clark said stated complaints had been filed with the Smyrna Police Department but e had said his department did not have anything on it. He wanted to nal activities his soon had been accused of and why the Smyrna Ci elivered the letter for Mr. and Mrs. Reeves. Homer Kuhl asked Chie to explain what happened. Chief Little stated he thought there had been a resentation of the interpretation of the accusations of Mr. Clark's son as riminal action. He quoted the letter as stating that due to criminal activities in the apartment area. but does not say who, they were requesting certain people stay out. The procedure used is not the policy of the present police although he learned it had been done in the past. but would not be manner in the future. He stated the police depart- ment would be tigations but would not be delivering letters. Chief Little stated 1 responsibility and apolo ized to Mr. Clark. promising it would not He assured Mr. Clark letter did not state his son had done any action, but that criminal action has been done in the apartment project for that reason the owners are requesting that certain people stay out. etter read in part: "Due to complaints which I have received and wh been filed with the Smyrna Police Department regarding activi the premises of Old Smyrna Village Apartments..... ce department has had some complaints and they are investigating, but this letter does not e Mr. Clark's son of criminal action. Mr. Clark said he thought what made the s' mad was that people used the road through the apartments as a thoroughfare. It was brought out that Aline Wolfe Drive on one side of the project lin Street on another side belonged to the city. The road gh the ap belong to the Reeves. but when the complex was it was road through the apartments would be open to traffic. son received a similar letter from the Reeves. asked been filed against these children. Chier Little had been made about the activity in the apartment Mrs. J. L. Wi if a written c stated a written project. (2) Mayor Bacon read part of a letter received from the L & N Railroad with reference to the closing of the Powder Springs Street grade crossing. It is the ion of the L & N Railroad this crossing he closed. This will be at a later date. and Allen Potter or the Optimist Club stated they would like Government Day on May 14. 1977 from 9:00 A.M. until 12:00 1 will meet with the students on Saturday morning and tour brary and public works departments. They will also attend on the 16th. (3) George Williams to have the Student Mayor an police. fire. council meeting Judy T. Bassett. 1208 Daniel Drive requested a residential business license to arrange flowers for the Smyrna Hospital Gift Shop_ She had a petition signed by all the neighbors within 300 feet or her home. Bill Darby made a motion the license be granted. Jim Tolleson seconded the motion and the vote was unanimous. Cochran requested property located in LL 555. Lot 13. known d into the city. Rem Bennett made a motion this ome a part of Ward 2. Bill Darby seconded the motion submitted by Inspector David Granade and upon action is recorded: variance House. 636 Cherokee Road. requested a zoning shop, in the same building formerly used (Continuation of May 2. 1977 Meeting) Elbert the motion motion the variance be granted. was unanimous. Rem made a motion for May 14. 1977. and the vote was on Atlanta Road to permit for the Smyrna Girl's Softball be approved. Jim Tolleson seconded The parade route will be from Smyrna to Jonquil Park. Homer Kuhl made a motion the minutes or April 4, Jim To11eson seconded the motiona.nd the vote was 1977 be approved as submitted. unanimous. made a motion the minutes or April lS, 1977 be approved as submitted. seconded the motion and the vote was six for and one abstention. abstained. Jim Tollesonr~ad a letter from Plantation from Fire Chief Donald Atkinson with 1, Section 1.5. Paragraph (f) - Fire Hydrant. Tolleson stated the plans for the building were would be insta11ed. The building is completed but installed. Mr. David Kaplan. owner. explained that fi1:'e hydrant went to the builder, the builder was going to put :it in, and the sprinkler contractor would put it in; therefore it was overlooked. He stated a couple of weeks ago he had his fire hydrant in he the siamese hydrant. immediately phoned and siamese in at once. He s.aid he thought Lt. Sanford trying but that he cert.ainly was not, it was an honest He also just moved in the new building which cost in $150,000, to hook up a Sewer.which he did not expect, spent for an and that at this point they do not have over $3000 install a He stated they a1:'~ keeping 60 or 70 employees busy on a four-day and plan to employ another 40 or 50 within another twelve months. He the fire hydrant on Pinecrest Circle could be activited to serve his the present. He stated his plant was completely covered with a system. on an 8" water meter. He stated that aCc:.ording the rire he must immediately clos~ down and fire 65 employees in a rire needs about 60 days, or until he could catch finan- Homer Kuhl asked Mr. Kaplan if he could cost of would pay for the material for the hydrant. in 60 Kaplan said he could. Mr. Kuhl made a motion the the material, $2140.00, repay.able in 60 days, and Mr. Kaplan will pay the labor. seconded the mot,:ionand the vote was unanimous. Jim Tolleson made citation be wa:ivered until May 12, 1977. Rem Bennett seconded the the vote was unanimouS", of April specifying fire hydrant read three quotes for a new mower for the parks depa1:'tment as O'Neals Power Equipment - YR48 Yazoo, 16 HP Cast Iron Briggs YR60 Yazoo, 12.5 HP, Wisconsin Cast .00 Eng. $2445.00 Kut-Kwick Model H1600-4S" (16 HP-48" cut with sulky) $2012.00 Kut-Kwick Model H1600-60" (16 HP-60" cut with sulky) $2122.00 Electric Starter - add to either $ 240.00 Case Tractor Model 222H $1471.00 J-46 4s" Mower 270.00 (J-44 44" Mower as alternate in stock cost $176.96) a motion these qUotes be turned over to best quote. Homer Kuhl seconded the motion one abstention. Elbert Coalson abstained. This rrom Revenue Sharing funds. JiIllTolleson sta.ted he would t.o work more Saturdays, nights and even dOgs out for longer periods since make arrangements Sundays. because time change. Rem to their Tolleson (Continuation of May 2. 1977 Meeting) that if he would make a list or the streets where dogs were usually out. and at what time. Jerry would know where and when to go and his hours could be worked out. Jim Tolleson also stated that carport sale signs were on poles allover town anted to know be done to help the Inspector enforce the sign e. Chief Lit e police department was picking up signs. and work closely with Mr. Granade, but that was not what they were out there for. Jim Tolleson stated he was in the process of contacting the Pastor of the First Baptist Church about installing some steps between the library and the church. hoping they will allow us to use the parking lot for parking. Homer Kuhl stated this could not be done. due to insurance liability. Jim then asked if the grass spot behind the library could be moved. giving more parking spaces. Jim David will check this out and give an estimate of the cost at the next meeting. ReID Bennett suggested removing the water tank but was advised the cost was pro- hibitive. Bill Darby asked why we did not receive bids on the workmans compensation insurance. Jerry Mills advised that since we were under the assigned risk clause ot put it for bids. and it had always been handled by committee, appoin agent. Mr. Darby stated he thought this should be y entire and Council. since it was a $30,000 expenditure. Jerry Mills stated it was first awarded to one company and then changed back to the company who had it last year. Mr. Darby objected to the way it was handled. Jerry Mills made a motion that in the future the agent awarded the workmans compensation insurance be approved by entire Mayor and Council. Homer Kuhl seconded the motion and the vote was unanimous. Jerry Mills stated that he had been informed the traffic signal for Fire Station #3 was shipped last Friday. Homer Kuhl made a motion the Code of Ordinance prepared by Municipal Code Corporation be approved as printed. Bill Darby seconded the motion and the vote was unanimous. Mr. ated the financial position for the city for the next three months was cal and urged everyone to cut expenses where possible. Also. that budgets be turned in as soon as possible. Budget meetings will be held next week. the residents of Pasadena Place requested the city in- .c" sign at the corner of Pasadena Place and Glendale de a IDotion "No through tr'affic" sign be placed at Pasadena ircle. C. O. Canada seconded the motion and the vote was ReID Bennett made a motion that all city employees be permitted to have a library card from the city library. Elbert Coalson seconded the motion. During dis- cussion. Jerry Mills stated council had agreed to think about this for a couple or weeks. Vote on the motion was five ror and two against. Homer Kuhl and Jerry Mills voted against the motion. Fire Chief Don Atkinson announced the Emergency Medical Training Course is starting May 17. 1977 at the Vocational School. Twenty has signed up and they state they can take twenty-rive. He asked if any other department would be interested in taking this course. Police Chier Little stated they would take the other five slots. David Granade stated we have a problem or the sign companies turning the flashing signs on during weekends. also the contractors who work only on weekends to avoid paying for a business license. He stated he had talked with the Mayor about taking off on Wednesdays and working on Saturdays. He also read his request written November 23. 1976 with reference to hiring one full-time employee to work under his direct supervision. to help enforce the sign ordinance. Mr. Kuhl stated we cannot hire anyone at this time. No citizen input. Meeting adjourned at 8:50 P.M. ******************** May 7. 1977 AS:pe<::i.p.l eal;Led meeting .of Mayo~ and Council was held May 7. 1977 far the purpose .of discussion and adoption of a Code of Ordinances for the City of Smyrna. The meeting was called to order by Mayor Arthur Bacon at 9:00 A.M. All Councilmen were present. Also present was Willouise Spivey, City Clerk. creating the Cod~ of Ordinances for the City or Smyrna was . and on motion by Homer Kuhl. seconded by Rem Bennett, by unanimous vate. efrective July 7, 1977. was ******************** May 16. 1977 The regularly scheduled meeting .of ~ayar and Cauncil was held at City Hall. May 16. 1977. The meeting was call.ed to order by presiding officer Mayor ArthurT. Bacan at 7:30 O'Clock P.M:. All Councilmen were present. Alsa present was .At;;torney Charles Camp. City Clerk Willauise Spivey. Controller Ron Egger, Parks and Recreation Director L~e Silver. Inspector David Granade. J"alice Chief Everett Little. Fire Chief DOn Atkinson, Assistant Public Works Directar Vic Brayles and representatives .of the press. Invocation was given by Hamer Kuhl. followed by the pledge to the Flag. No citizens reports. - Homer Kuhl made a motion that 18.820 acres located in LL 242 be the city with the same zoning classification as it was in Cabb County. R-20. single family residential, and be made a part .of Ward 7. Jerry Mills seconded the motion and the vote was unanimous. Commercial building permits were presented by Inspector David Granade and upon his recommendation the following action is recorded: (1) A permit was requested to remadel the interior or twa suites of the Cherokee Medical located at 969 Cherokee Road. Plans mett;he requirements or the also thebnilding Inspector. Rem Bennett made a motion the permit be appraved. Elbert Coalson seconded the motion and the vate was unanimous. (2) Shell Oil Company. 2995 Atlanta Road. requ~sted a permit for a quick food service. It was nat clear how they planned to operate t.his service and a representative of the not present. Jerry~i.lls made a motion this request be tabled next meeting. Rem Bennett seconded the motion and the vote was unanimaus. was made to remodel 2512 Spring Road far an Amvet Center. Homer made a motion this be tabled until the next meeting since a fee had not for this type license and thought we should check the Stp.te law. seconded the motion and the vote was unanimaus. Attorney Camp said the enfarcement .of House Bill 410 has been enjainedand he thaught get the .opinion .or the Attarney General. Mayor Arthur Bacon appainted a committee .of three. Hamer Kuhl. Jerry Mills and Elbert Coals an ta study the proposals far the Industrial Development Feasibility Study and get back with cauncil as saon as passible. Committee Reports: Jim Tolleson. pointing ta a stack of signs. stated that David Granade had been busy taking yard and garage sale signs off poles all aver city. David said he had only given warnings so far. Mr. Kuhl cammented thinks we need an .ordinance to control yard sales. similar to the one some time ago. Jim Tol.leson stated the Fire Department Rule Books and distributed; also the King Springs Pool praject is off for of money. had no report. Mayor ~acon asked Police Chief Little to elaborate given Cobb County Police Department this afternoon. Chief Little they received a call from Gobb Caunty asking us ta respond to a rabbery Oakdale. Our unit chased the suspect to a hame. He bolted the daor and shaoting. After 4~ hours. they talked him into giving It was an example or cooperation and caardinatian between the Police on stated call in started MEETING OF OF CITY OF SMYRNA A special r and Council of the City of Smyrna having 7. 1977 at City Hall at the se the discussion and adoption of a Code OI Ordinances of the City of Smyrna; And notice waived by place and purpose or said meeting having been each Councilman; The attached for the City is hereby adopted creating Code of Ordinances ADOPTING ORDINANCE AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDI- NANCES OF THE CITY OF SMYRNA. GEORGIA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN. EXCEPT AS EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: Se ction 1. That the Code of Ordinances, consisting of Chapters 1 to 23 inclusive, is hereby adopted and enacted as the "Code of Ordi- nances, City of Smyrna, Georgia," and shall be treated and considered as a new and original comprehensive ordinance vvhich shall supersede all othe.r general and permanent ordinance s of the City passed on or before October 20, 1975, to the extent provided in Section 2 hereof. 5e ction 2. That all provisions of such Code shall be in full force and effect from and after the 7th da y of 1972..........; and all ordinances of a general and permanent nature of the City of Smyrna, enacted on final passage on or before October 20, 1975, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 7th day of July . 197~ except as hereinafter provided. No resolution of the City, not specifically mentioned. is hereby repealed. Se ction 3. That the repeal provided for in Section 2 hereof shall not affect any of the follovving: (a) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right estab- lished or accruing before the effective date of this ordinance; (b) A:n.yqrdinance promising or guaranteeing the pay- ment of money for the City or authorizing the is suance oiany bonds for the City or any evidence of the City's inde;btedness. or any contract or obligation assumed the City; administrative ordinance of the City not in conflict or inconsistent "W"ith the provisions of such Code; (d) Any ordinance fixing positions, classifications, salaries, wages or retirement benefits of officers or employees City; (e) (f) Any appropriation ordinance; .A"n,yright or franchise granted by the Mayor and (g) to any person, firm or corporation; ordinance dedicating, naming. establishing. relocating, opening, closing, paving. 'Widening, vacating, etc., any street or public "W"ay (h) in the City; ordinance establishing and prescribing the street grade s of any street in the City; ordinance providing.for local improvements or assessing taxes therefor; dedicating or accepting any plat or in the City or providing regulations for acceptance; (k) (1) Any urban rene"W"al ordinance; ordinance regulating zoning and subdivisions in (m) City; ordinance pre; scribing traffic re gulations for par- such as stop intersections, one..."W"ay no parki:q.g zone s. speed limits. etc. ordinance lTI,a,king any act or failure to do any offense against the City. 'When such ordinance authorized under the state la'W and is not incon- (n) w-ith such Code; ordinance inposing taxes, or providing for the or collecting thereof; ordinance prescribing City utility rates or s, not in conflict herew-ith; ordinance enacted after October 20, 1975. (q) not be construed to revive any ordinance or part of has been repealed by a subsequent ordinance w-hich is That w-henever in such Code an act is prohibited or to be unlaw-ful or an offense by the lTI,ayor and council, of any act is required or the failure to do any act d to be unlaw-ful by the lTI,ayor and council, and no lTI,ade 0 r cific provided therefor, the violation of any such provisions shall by a fine of not more thantw-o hundred dollars imprisonment for a term not exceeding ninety (90) day of these punishments. or by sentence to w-ork on the public 'Works not exceeding thirty (30) days, as provided in the Charter and Secion 1-8 of such Code. That any and all additions or amendments to such Code w-henpa,ssed in such form as to indicate the intention of the mayor and a pa,rt thereof shall be deemed to be incorpo- reference to the "Code of Ordinances, City of be understood and intended to include such Georgia, Section 6. That in case of the amendment by the mayor and council of any section of such Code for -which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and Section 1-8 of such Code shall apply to the section as amended; or in case such amendment contains provisions for -which a penalty. other than the aforementioned general penalty is provided in another section in the same chapter. the penalty so provided in such other section shall be held to relate to the section so amended, unles s such penalty is specifically repealed the rein. Se ction 7. That a copy of such Code shall be kept on file in the office of the City Clerk, preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by him, to insert in their designated places all ordinances -which indicate the intention of the mayor and council to make the same a part of such Code -when the same have been printed or reprinted in page form. and to extract from such Code all provisions -which may be repealed from time to time by the mayor and council. This copy of such Code shall be available for all persons desiring to examine the same. Section 8. That it shall be unla-wful for any person to change or alte r by additions or deletions, any part or portion of such Code. or to insert or delete pages or portions thereof. or to alter or tamper -with such Code in any manner -whatsoever -which -will cause the la-w of the City of Smyrna to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 1-8 of the Code of Ordi- nances of the City of Smyrna and in Section 4 of iliis ordinance. ordinanc~s or parts of ordinances in conflict of such conflict, hereby repealed. Se this ordinance shall beco'me effective on the 1977 - AND ADOPTED BY THE MA YOR AND of May 7 . 197 7 (Continuation or May 16, 1977 Meeting) read a letter to the Sanitation Committee from Vic Broyles stating a misunderstanding in specifications bid sheets. the wrong chassis to Gadion. Ohio by Capital Ford. It is not possible to use the chassis that was sent due to weight (too light for certification). The bid price for the chassis sent to Ohio was $12.895.82. In order to purchase the chassis per specirications, we have found a 1977 chassis for $16.914.68 or 1976 chassis for $15.638.86. If we were to rebid specifications it would take at least 4 to 5 months for delivery of chassis. The 20 yard body is ready and waiting to be mounted on chassis. Jerry Mills made a motion the committee be given authority to act. after meeting with the Finance Committee. Homer Kuhl seconded the motion and the vote was unanimous. Homer Kuhl stated we had 45 days to approve the budgets. A meeting was called ror 6:00 P.M. tomorrow to review budgets for Public Works. Elbert Coalson stated the lack of water last week was caused by a break in the water main in the county, and he hoped this did not happen again. Rem Bennett stated that about 90 percent of the citizens attending ~he public hearing on expenditures of the Revenue Sharing Funds were senior citizens. who requested new rest rooms at the Center. Mr. Bennett said these rest rooms had been completed. as well as several other repairs. and the senior citizens thank us ror what we have done. Mayor Bacon stated we were really having a problem with barking dogs and should enforce the nuisance ordinance. David Granade said he had made some cases within the last month and two of these citizens have solved the problem by putting slats through the fence. blocking the view from the street. Mayor Bacon. referring to the letter from C. J. Fouts about his buying the land behind the land fill, stated Bob Farrar said the land would probably bring from between $500 and $1000 per acre. Before we can sell however. the land must be appraised. declared surplus and bids must be requested. Jerry Mills made a motion the closing of Powder Springs Street Railroad Crossing be removed from table. Rem Bennett seconded the motion and the vote was unanimous. Jerry Mills made a motion a letter be sent to the L & N Railroad notifying them the crossing will not be closed. Rem Bennett seconded the motion and the vote was unanimous. - Bill Lucas requested a side yard variance on property at the and Concord Road. He stated he had operated Bill's Tire Store on Road for a number of years but had sold the property to the Cobb County Board of Education. He requested the variance in order to erect a small building and move his business to Concord Road and Lee Street. To front on Lee Street he would require a 10 foot set back. and it would also have to be rezoned. C. O. Canada said he thought when this property was rezoned O-I there was a stipulation no business would ever rront Lee Street. The minutes will be checked before any action is taken. There being no further business. the meeting was adjourned at 8:07 P.M. v ~ u v